Lilongwe Registry

Sort by:

6 judgments

Citation	Judgment date
October 2025
Bushiri & Bushiri v Republic of South Africa (Criminal Review Case 5 of 2025) [2025] MWHCCrim 1 (31 October 2025) High Court set aside committal for extradition due to procedural unfairness, evidentiary defects, improper authentication, and safety concerns for applicants. Extradition — procedural fairness — right to be heard; adequacy of judicial reasons; authentication of extradition documents; hearsay and admissibility; linkage between ATP, warrants and charges; specialty and statutory compliance; consideration of safety, delay and bad faith.	31 October 2025
February 2025
Republic v Henry Mathanga & 3 Others (Criminal Case 19 of 2023) [2025] MWHCCrim 3 (3 February 2025) Court allowed joinder, required clearer particulars, limited retrospective use of PFMA 2022, and conditioned reinstatement after discharge. Criminal procedure — joinder of accused; Statement of offence — particulars and duplicity; Money laundering — predicate offence to be specified; Retrospective application of statutes — PFMA 2022 vs PFMA 2003; Reinstatement after discharge — requirement for State justification; Financial Crimes Act s41 — applies to persons including public officials; Disclosure obligations — generally pre‑plea.	3 February 2025
November 2024
R v Mbawu (Being Criminal Case 374 of 2024 at Mchinji Magistrate's Court) [2024] MWHCCrim 8 (19 November 2024) High Court set aside arbitrarily imposed fines for forestry offences, requiring means test and reducing custodial sentences. Forestry offences — sentencing — fines and default imprisonment — mandatory means test — application of Fines (Conversions) Act — first offender principles — s340(1) Criminal Procedure and Evidence Code — supervisory confirmation review.	19 November 2024
April 2024
S v Mphwiyo and Another (Criminal Case 35 of 2014) [2024] MWHCCrim 2 (23 April 2024) Intervenor’s request to stay and set aside a bail-forfeiture order dismissed; appeal and ordinary proceedings are the proper remedies. Criminal procedure — Forfeiture of property deposited as bail security — Section 121 Criminal Procedure and Evidence Code; Stay of execution — High Court jurisdiction and final orders; Inherent jurisdiction — sparing invocation where appeal available; Financial Crimes Act — Preservation order notices (section 66) not applicable to bail forfeiture; Matrimonial property claims — rights enforceable by appropriate proceedings or appeal.	23 April 2024
March 2024
Kamwagha v R (Criminal Appeal 17 of 2021) [2024] MWHCCrim 1 (25 March 2024) Appellant’s convictions for grievous harm and malicious damage quashed for insufficient evidence; alternative conviction impermissible under precedent. Criminal law — Grievous bodily harm — High threshold for ‘grievous harm’ under section 4/238 — Medical evidence not always mandatory but here insufficient; Malicious damage — proof of wilful or reckless damage required and absence of exhibit fatal; Alternative verdicts — courts may not substitute lesser offences where State chose charge (Namatav v Republic); Self‑defence and provocation — disproportional response defeats self‑defence, provocation not available to reduce non‑murder offences; Sentencing — original sentences excessive.	25 March 2024
July 2018
Phiri v R (Criminal Appeal 34 of 2018) [2018] MWHCCrim 19 (18 July 2018) Conviction and 42-month sentence for theft by servant upheld where appellant had sole control and failed to account. Criminal law – Theft by servant – Proof where stock or cash shortage – application of Nguwo factors (size of deficiency, control/access, alternative causes, enrichment) – Documentary delivery notes and failure to report – Sentencing: Rep v Missiri guidance; appellate interference only if sentence excessive.	18 July 2018

Court registries